The Law Handbook 2024

Chapter 7.5: The internet and the law 735 • making protected material accessible only on payment of a fee or acceptance of contractual terms of use. This can often be achieved using rights-management information technology (which inserts information that identifies the work, the owner and the terms of use for the work). The Copyright Act makes it unlawful to alter or remove rights-management information or to deal with technological protection measures without permission; and/or • encrypting (using a technological means to prevent copying) or using other copy control mechanisms. Scanning and uploading images Scanning an image to create a digital version constitutes making a reproduction. Uploading the digital image to a website or emailing it constitutes communicating the image. Reproducing and communicating a copyright- protected work are specific rights of the copyright owner as provided in the Copyright Act. If you wish to reproduce or communicate a copyright-protected work, you need the copyright owner’s permission. For more information about copyright owners’ rights, see Chapter 7.6: Copyright. Downloading and manipulating images Copying part of an image from the internet may still infringe copyright if you copy a substantial or important part of the image. It is important to consider the image itself, not the website or page where it was found. If you wish to alter or add to a digital image to create a new image, you need to obtain the copyright owner’s permission. Additionally, you may be in breach of the creator’s moral rights if the work is not properly attributed to the copyright owner, or if you alter the work in a manner that could negatively affect the creator’s reputation or honour (e.g. distorting the work or using it in a way that is contrary to the creator’s ethics). For more information about moral rights, see ‘Moral rights and other copyright issues’ in Chapter 7.6: Copyright. Downloading and streaming music, films and television programs Downloading Music, films and television programs can be accessed via the internet by being downloaded from a website, email, blog, or a file-sharing or peer-to-peer network (e.g. BitTorrent or LimeWire). Downloaded data is generally only able to be played once the complete file has been received. Unlike streamed content, data that has been downloaded can be accessed multiple times once the transmission is complete. Streaming Streaming (either audio or video content) from a web server involves the delivery of data from the server to a device that receives and plays the data while the transmission is in progress (i.e. the user can hear and see the content before the entire file has been transmitted). Streamed content usually contains technology protection that prevents the data from being stored permanently. When does downloading and streaming breach copyright? Copyright infringement occurs if the copyright owner has not given permission for the song or film to be distributed freely on the internet (unless one of the limited exceptions to copyright infringement applies; see ‘Acts permitted by the Copyright Act’ in Chapter 7.6: Copyright). Permission has usually not been granted and infringement may therefore occur if music or a film is downloaded from a peer-to-peer network. Legitimate online websites or stores that authorise access to music, television shows and films are rapidly becoming more commonly used (e.g. ABC iview, TenPlay, Netflix, Spotify, Google Play, iTunes, Apple Music and SoundCloud). Such websites enable content to be downloaded or streamed with the permission of the copyright owners. When you obtain content from these sites (sometimes for a fee) the copyright owner grants you permission (i.e. a licence) to use the digital content in a particular way. If you copy or share the content in a manner that is different to the terms of the licence, then you may be infringing copyright. You should carefully consider the terms of the licence before purchasing,